HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30641 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shiv Murti Kushwaha, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 144 of 2025, under Sections 105 of BNS, Police Station Lodha, District Aligarh, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by nine days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the applicant is not named in the FIR. His name has come up subsequently in the supplementary statement of the informant recorded under section 180 BNSS. The said statement has been made after legal consultation. Even out of four accused persons named in the FIR, three persons have been exonerated by the police and three new persons have been added including the applicant, as such prosecution story stands falsified. The prosecution has failed to keep one stand at a point, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 12.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Pankaj Sharma, Shiv Murti Kushwaha Counsel for Opposite Party(s) : G.A. Sheelu Alias Sheelendra .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR coupled by the fact that the applicant is not named in the FIR, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Sheelu Alias Sheelendra, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 Sumit S BAIL No. 30641 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad